she looked like she was actually falling for whatever line you gave her. ah, nah. struck out. nice, man. (chuckles) you just won me 300 bucks. ♪ well, look who's here. (crowd cheering) captioning sponsored by cbs brought to you by ford. go further.

this is kpix5 news on the cw. the owner of a gun store threatened with his life as residents in one bay area town try to shut it down. >> plus, with the pope announcing his retirement, who will be the next pontiff?

one of the front runners would make history. >> it certainly would be dangerous if you had kids around. >> look what officers stumbled upon during a drug raid? an investigator says he has never seen anything like it. good evening, i'm elizabeth cook. >> the opening of a gun store just weeks after the newtown school massacre has sparked an emotional debate over guns and gun sales in one south bay town. it has gotten so ugly, the owner is receiving death threats. kpix5 reporter is live with residents fighting to shut down the store, kit. >> reporter: tonight, the town council voted unanimously to look into ways to impose a moratorium on gun stores and regulate any new ones. as far as the one that opened up a month and a half ago, what's done is done and that one will stay. tonight's town council meeting has taken on a whole new caliber of urgency.

police officers are providing extra security after the store owner got a death threat last week. >> we are grateful for the law enforcement to make sure everyone is safe. >> they don't have any laws restricting gun stores, so staff approved a business license for sports last summer. council members say staff should have alerted them about the gun store right away. >> our staff will inform us a little sooner about these important issues coming forward. >> the gun store carries fishing and hunting gear, and yes, assault rifles. they opened a few weeks after the school massacre in newtown when tensions were high and they still are. >> this is not about access to guns. there are plenty of places to purchase a weapon. the question is, why do we need to be one of those places? >> fact. the only thing it stops a crazy man with a gun is a good guy with a gun. and fact, good guys can't get

guns if they don't have stores to go to. >> for now, sports won't be affected. only future gun stores would be regulated. >> businessmen who take on the extra duty to make sure we exercise our constitutional rights are doing us a favor. >> and town staffers learned a valuable lesson. let the town officials know. the earliest they can get a moratorium is march 4. live, kit doe, cbs 5. >> we have developing news tonight, south korea confirming that north korea conducted its third underground nuclear test. the u.s. survey detecting a 4.9 earthquake centered near the site of north korea's last two nuclear tests, monitoring agencies around the globe say the earthquake appeared to be unnatch. a five hour long standoff between police and bank robbers in newark ended peacefully tonight. the easy 8 motel on cedar boulevard where the suspect

barricaded themselves. police said the two men had robbed a fremont bank this afternoonment one of the men gave himself up at around 4:00 this afternoon. the second suspect surrendered just after 8:00. and a major wreck between a cal train and big rig in san bruno. the rig was crossing over angus avenue at 2:30 when it was hit by the southbound train. at 4:00, trains were running an hour and a half behind schedule. help stop the system wide delays. despite the mess, no injuries were reported. authorities believe that exl.a. cop tried to flee to mexico, but they stress he could be anywhere tonight. christopher dorner is charged with murdering a police officer and attempted murder on three other officers. those charges do not involve two other people that dorner is suspected of killing in orange county. more than 600 tips have come in since the l.a.p.d.

offered a $1 million reward. >> we have hundreds of detectives and investigators that are working on every clue that is coming in. >> it is online manifesto, dorner vowed to shoot police officers and their families as revenge for his firing. authorities are providing around the clock protection for 50 of those officers. >> catholics were stunned by today's news that for the first time in 600 years, a pope is resigning. pope benedict xvi enforced the doctrine to the joy of some catholics and to the dismay of others. now many wonder which way will the church go next? the 85-year-old german pontiff said advanced age and poor health are forcing him to step down. >> it's like watching your own dad get old and admit that he's not up to all the duties of being the head of the family involves. >> benedict xvi will remain pope until february 28. the college of cardinals will

gather to elect a new pope. so, who will be the next pontiff? cardinals have always, at least in the last several centuries, picked a european priest. this time those considered top contenders are from around the world including canada, ghana, and nigeria. select a pope is a process full of tradition and intrigue as well. there is a lot of talk about the new pope being from a developing nation, but one catholic historian tells kpix5 reporter, david jackson, odds are the new pope will look like the previous ones. >> the next pope will have an easier path ahead of him. the sex scandal involving priests came to light under john paul ii. father michael russo says now look for youth, a conservative vision, and most likely, a european.

>> the numbers are really stacked toward the europeans. unless there's some kind of inspirational moment where someone from another part of the world steps out of the pack, but that, i mean someone who speaks languages and knows the global world, that's a difficult job description. >> maybe not difficult for cardinal, mark olay, a worldly french canadian. >> may have a north american pope. the former archbishop ofy quebec. has a will the of the credentials you would look for in a pope. we could have a canadian. >> 119 cardinals will vote in the upcoming conclave to select a new pope, most of whom were appointed by pope john paul. both religious conservatives, so expect a conservative voice to be chosen. something young catholics accept. >> i feel like moderate is

fine. i'm a card carrying liberal. but -- >> you don't think the church needs to go that direction? >> i don't know if people are ready. >> i would like to see them go toward pope john paul, ii, he was a very endearing pope. >> obviously those students at st. mary's don't speak for everyone, but i did talk to a number of others, nobody expects a liberal hope to be chosen. all they hope is that someone keeps the catholic church out of the news. david jackson, kpix5. tomorrow evening, president obama will deliver his fourth state of the union address. the white house says the president eats speech 's speech will serve as a bookend to the inaugural address. however, when the president stands before congress, his main focus will be on the economy. >> the core emphasis that he

has always placed in these big speeches remains the same, which is the need to make the economy work for the middle class. because the middle class is the engine that drives this country forward. >> our sister station, kpix5, will air the president's state of the union address live tomorrow starting at 6:00 p.m., followed by a special edition of kpix5 news at 7:30. >> also the news tonight, a 31- year-old army veteran who grew up on a ranch in the high sierra received the highest u.s. award. david martin on the ceremony that honored eight men who did not survive an attack from the taliban. >> reporter: you have to see combat to realize how indefensible it was from an attack from east taliban fighters. just 52 american soldiers were down there, plus staff sergeant. >> we were taking everything

from very precise sniper fire, automatic weapon fire, machine gun positions. we were taking more indirect fire, rpg fire. >> where was it coming from? >> all 360 degrees around us. from every high point. >> were you taking casualties? >> we had taken casualties from the first barrage of fire that came in and continued to take them throughout the remainder of the fire fight. >> a recreation of the battle shows he was everywhere that day. running across open ground to reenforce one weak point after another. >> at one point, i witnessed three enemy fighters walk straight through our front gate like they owned the place and to see that, you know, it's unreal for a second. but you know, that's ours. we're not going to let them do that. >> how close do you think you came to being over run?

>> almost as close as you can get. >> although hit in the side by shrapnel, he was going to do more than just survive. >> we weren't going to be beat that day. >> but they were up against 300 enemy fighters. >> we had 52 great americans. didn't seem father to them. >> air strikes finally broke the enemy assault. afterwards, bullet riddled humvees showed the kind of fire he and his men had braved. >> we ended up losing eight brave soldiers that day. >> three days later, the americans left for good. >> does it feel like you won? what does it feel like? >> it's hard to say. you win or lose, but to know we just had so many great soldiers there that stood proud and did their job, you know, that's an

amazing thing to witness. >> what was gained that day? nothing. what did clint and his men achieve? everything. david martin, cbs news, the pentagon. >> still to come, why a popular brand of bourbon will have less alcohol in it. >> plus, a routine drug bust turns into much more. the drugs and the illegal pet thieves. and it's not what you typically hear on the beach. but why must the music stop? dry weather is not stopping. it was dry once again today. only one day of rain fall so far this month. san jose, one of the warm spots today. find out which day in my seven- day forecast is likely to hit 70. that's coming up. ,,,,,,,,,,

scene on the nimitz. cedes a fiery mess caused quite a scene today. take a look at this. a mercedes-benz caught fire at 3:00 p.m. near west 8th street in heyward. it took firefighters an hour to put that fire out. a surprise for police officers raiding a suspected drug house. they did find a stash of drugs and cash, but as kpix5 reporter shows us, they also found an alligator. police stopped fairfield residents in modesto for a traffic violation. police then say they discovered $250,000 worth of processed marijuana and a handgun. a search of their home in the 400 block turned up, according

to police, more evidence of marijuana, seven guns including one used by military snipers, nearly $30,000 in cash and a three foot long baby alligator. by law, you need a permit to have a pet alligator. >> to our knowledge, they didn't have a permit. we called out human services to take possession of the animal. it was later turned over to the oakland zoo. that's where it is today. >> do you get the sense this was for protection or a pet? >> it's hard to tell because of its size. it is certainly interesting to have it, but i don't know what their motive was to have it. it would be dangerous if you had kids around or someone unsuspecting might encounter even a 3-foot alligator. >> in addition to the fairfield home, the officers searched two homes where they found growing marijuana plants and a home in american canyon where investigators say there had been a grow. the couple faces a variety of charges, in connection with a fairly large growing operation.

one investigator who has been in the narcotic division said he has never seen anything like this. the baby alligator roaming free in the bathroom. kpix5. makers mark is cutting back on its booze. the distiller says it is watering down its bourbon in an effort to meet the rising global demand. it was 45% alcohol, but the company says it's now 42% alcohol. the company says its whisky will taste the same. the bay area could use some watering down, that's for sure. it's been dry and gorgeous, but we need rain. >> it's tough because you want to balance the need for rain fall with a desire to get outside. right now, we are out of bounds. we are in january and february and going the other direction, which is dry. another chilly and dry night. beautiful picture to show you. we'll take you to santa clara where we have a beautiful shot.

is that not majestic? what a beautiful evening we had outside. hopefully you had a chance to enjoy these sunsets. when you wake up in the morning, maybe not so much. santa rosa 32. tonight, vallejo, down to 39. oakland down to 40 degrees. radar is clear again. there are some signs that this time next week, this ridge of high pressure will build. but for the next seven days, not happening. high pressure centered off to our west, allowing some storms to make it into western washington, but nowhere within 500 miles of the bay area. high pressure off to our west, nice, sunny days, as the high expands, we're going to get into the upper 60s. some of you near 70 degrees when the high pressure area is at its strongest. we are chilly. sunny every day through the

weekend and it's friday. friday is the day we will likely see some 70-degree readings, especially the south bay. san jose, you'll hit 73. mountain view 62. concord 62. fairfield 62, and how about o a high of 61 for san rafael. your extended forecast calling for mid 60s on wednesday. upper 60s on thursday and friday and mild, just not as mild for the upcoming weekend. seven more dry days in the seven-day forecast. >> all right, kenny, start doing your rain dance. >> leave on tv. >> gangnam style. if you've walked the beaches in half-moon bay lately, you may have heard yourself hearing more than the sound of crashing waves. >> one artist found a way to mix music with the sounds of nature. though many have enjoyed the

melody, kpix reporter shows why olsen should be gone. >> sunset at half-moon bay is glorious. about two weeks ago, maro, a local artist who makes sculptures had an idea of how to make it more impressive. after a donated baby grand was hard to keep in tune, he decided to wheel it out to the edge of a cliff and play music ton. >> nature will basically do what it wants to do with the instruments. >> oleta grew up playing that piano, but economics forced her to get a smaller home. >> it's giving joy. this is a great way to remember it. during the day, anyone can

tickle the ivory. he has been playing it every sunset, but someone complained to the city, which gave him ten days to stop the music because he doesn't have a permit. he briefly considered fighting city hall, but friday will be the last sunset performance. after that, he'll take it out on a boat. >> hopefully i can do it. i'm going to sing good-bye and thank you to all the people that came around and it will be wonderful. >> joe vasquez, kpix5. sounds like an i check and very fashionable. ,,,,,,,,,,,,

thanks to speculation of a t watch. this is welcome news apple stock finished the day up thanks to speculation of a new smart watch. this is welcome news for a company criticized for lack of innovation following the death of steve jobs. >> but mike asked how much can you possibly do with something

as small as a watch? >> anybody know what time it is? >> 5 and 2. >> anybody know what time it is? do you know what time it is? >> 1:58. >> you do know, chances are because you looked at your smart phone, watches? not so much. is that about to change? >> a bunch of rumors that apple may be testing out an i watch. >> molly wood, who by the way, wears a watch for style. thinks it could be called a watch, but a remote control for your iphone via blue tooth. >> it could be a curved display. it would be high style, as is apple, and interact with your iphone or smart phone. >> don't think dick tracy, so much. nor inspector gadget. working controls and buttons on such a small screen could be a problem. >> that's a question what you would be able to do with it and

speculation. you might be able to look at your contacts, you might be able to text. maybe monitor your health. >> there had been before. >> metawatch is the first smart watch. >> raised money on the site, kick start. >> as did another such idea, pebble. apple seems to be behind the curve, if in fact it is in the i watch game. these are reports and apple had no comment. >> mir rackapple thrives on that. >> it could be two years before you might get one. mike sugarman, kpix5. >> san jose might be premature, the warriors are the new trend setters in the nba. the minute is next. at embassy suites, you get more delicious moreness every morning

with a free breakfast made just the way you like it. with a breakfast like this, you could pretty much handle anything. anything? anything. [ screams ] a rambunctious toddler? of course. uncle ralph? sure. a roman gladiator? you bet. the thing under my bed? why not? ♪ yes. [ female announcer ] get more with embassy suites. book early and save up to 20%.

but san jose won't be drinkg out of lord stanley's cup ae rate the the sharks rattle off seven straight wins to start the season. but san jose won't be drinking out of the stanley cup at the rate their going. wayne thomas making his third start of the year. the sharks came in leading the nhl in the average, but not anymore. the blue jackets on the board, 45 seconds in. brandon with his first goal of the season. columbus up 3-1 in the third and they blow it open with three goals in the final period, the sharks allow a season high six goals. 6-2. it's getting ugly. warriors showed off their jerseys. they will host the rockets tomorrow night in their regular

threads. michael vick restructured his deal with the eagles and return to philadelphia on a one-year contract. chip kelly hopes he can do what kapernick for the niners. show nfl scouts he is worthy of another shot. my advice, mix in a salad. he's got some work. garcia looks more like one than marco. you know what? if he can get this guy back in an nfl uniform, jeff garcia will be great. >> see you at 11:00. ,,